How long will my license be suspended?

For a first offense in South Dakota, the administrative suspension is 1 year revocation of a driver under 21 who refuses chemical analysis, if the secretary of public safety finds the officer complied with the law and the person refused [§ 32-23-18; 32-23-11]. A refusal carries a longer suspension: [§ 32-23-10]. Criminal license consequences may be additional.

What happens if I drive on a suspended license?

Driving on a DUI-related suspension is a serious offense in South Dakota [§ 32-23-18; 32-23-11]. It can result in additional criminal charges, extended suspension, and in some states it can elevate a misdemeanor DUI to a felony.

Is the administrative suspension separate from the criminal suspension?

Yes. The administrative suspension is imposed by the motor vehicle agency based on the arrest and test result. The criminal suspension is imposed by the court as part of sentencing. They run somewhat independently, though they may overlap.

Topic guideUpdated 2026-02-27

South Dakota DUI & License Suspension — What Happens

Q: Can I get a restricted or hardship license?

Yes. Secretary of Public Safety determines eligibility to drive for the purpose of employment and may promulgate rules for restricted licenses; a driver under 21 who pleads guilty is not subject to this revocation (32-23-11.1) [§ 32-23-18; 32-23-11].

Administrative license issues and why timing matters.

License consequences are often the most immediately disruptive part of a DUI case in South Dakota. The administrative suspension is a separate proceeding from the criminal case and can result in loss of driving privileges even if the criminal charges are eventually reduced or dismissed §32-23-18; §32-23-11.

How the administrative suspension works

Arrest triggers the process

When you are arrested for DUI and either fail or refuse a chemical test, the arresting officer initiates the administrative suspension process §32-23-10.

Notice is served

You receive notice of the intended suspension. The clock for requesting a hearing starts now.

Request a hearing

You have 120 days from arrest to request a hearing (under-21 refusal revocation) to request an administrative hearing §32-23-18; §32-23-11. If you do not request a hearing within this window, the suspension takes effect automatically.

Hearing (if requested)

At the hearing, the issues are narrow: was the stop lawful, was there probable cause for the arrest, did the officer follow proper Implied consent procedures, and did the test result show a BAC at or above the legal limit?

Suspension periods

First-offense (failed test): 1 year revocation of a driver under 21 who refuses chemical analysis, if the secretary of public safety finds the officer complied with the law and the person refused
First-offense (refusal):

Restricted driving privileges

South Dakota does offer a form of restricted or limited driving privileges during or after the administrative suspension. Secretary of Public Safety determines eligibility to drive for the purpose of employment and may promulgate rules for restricted licenses; a driver under 21 who pleads guilty is not subject to this revocation (32-23-11.1).

How the administrative and criminal tracks interact

The administrative suspension and the criminal case are legally independent. Winning the administrative hearing does not dismiss the criminal case. Losing the administrative hearing does not prove guilt in the criminal case. However, the facts overlap significantly, and the administrative hearing can sometimes reveal evidence or testimony that is useful in the criminal defense.

Ignition interlock and license reinstatement §32-23-24

required for restricted/limited driving permit during suspension. The minimum IID period is 12 months following first offense suspension. Reinstatement requires proof of IID installation, completion of any required substance abuse programs, payment of reinstatement fees, and proof of insurance (SR-22 in many states).

✓The administrative hearing is worth requesting even if the outcome seems unlikely to change. It preserves your rights, creates a record, and may reveal information about the state's evidence.

Prepare for Your Consultation

Quick checklist (DUI)

Dates matter. If you have paperwork, bring it.

Citation or arrest

paperwork

Court dates

or hearing notices

Your timeline of events

(brief)

General preparation tips only. Deadlines vary by facts and jurisdiction.

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Common Questions

Frequently Asked Questions

General answers to common questions. Specific outcomes depend on your facts and timing.

If you have a deadline, court notice, or upcoming hearing, mention it when requesting assistance so timing can be evaluated promptly.

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Legal authoritiesStatutes referenced on this page

S.D. Codified Laws § 32-23-18; 32-23-11

Administrative license suspension

License may be suspended administratively upon arrest. Hearing must be requested within 120 days from arrest to request a hearing (under-21 refusal revocation).

First offense (failed test): 1 year revocation of a driver under 21 who refuses chemical analysis, if the secretary of public safety finds the officer complied with the law and the person refused
First offense (refusal):
Restricted license: available

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S.D. Codified Laws § 32-23-10

Implied consent — chemical testing

By driving in South Dakota, you have consented to chemical testing when lawfully arrested for DUI.

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S.D. Codified Laws § 32-23-24

Ignition interlock requirements

required for restricted/limited driving permit during suspension. Minimum IID period: 12 months following first offense suspension.

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Read with S.D. Codified Laws § 32-23-18: S.D. Codified Laws § 32-23-11 ↗

Citations link to official or authoritative sources. Laws change — verify current text before relying on any statute. How we verify citations →